- NEWSDAY.CO.TT - A la Une - 28/Jun 03:21

2018 Industrial Court ruling on Petrotrin shutdown overturned

Seven years after the Industrial Court ordered state-owned Petrotrin to halt staff terminations and voluntary separation (VSEP) offers pending resolution of a dispute brought by the Oilfield Workers’ Trade Union (OWTU), the ruling has been overturned. On June 27, Justices of Appeal Charmaine Pemberton, Malcolm Holdip, and Vasheist Kokaram delivered an oral judgment setting aside the Industrial Court's November 19, 2018, ruling, which had been issued by then-President Deborah Thomas-Felix. The Court of Appeal found that the Industrial Court had erred in its interpretation of the Industrial Relations Act. Petrotrin had filed an urgent appeal against the Industrial Court’s decision, which had stemmed from legal action filed by the OWTU following the government’s move to shut down the refinery and lay off approximately 4,700 workers. In its 2018 ruling, the Industrial Court held that Petrotrin failed to act in good faith or engage in proper collective bargaining with the union. The company was ordered to meet with the OWTU before proceeding with any terminations to discuss matters including the rehiring criteria, the new company structure, pension plans, medical and savings benefits, and the computation of termination packages. These meetings were scheduled to take place daily between November 20 and 26, 2018, at Petrotrin’s premises. The court also fined Petrotrin $4,000. Petrotrin officially ceased operations on November 30, 2018, ending more than a century of service. Its assets were subsequently divided into four new entities: Trinidad Petroleum Holding Ltd, Heritage Petroleum Company Ltd, Paria Fuel Trading Company, and Guaracara Refining Company. Petrotrin’s appeal sought to overturn the Industrial Court’s finding that it had violated Section 40(1) of the Industrial Relations Act, which mandates good-faith negotiations with unions during collective bargaining processes, particularly in matters involving mass retrenchment. A written judgment is expected to follow. At Labour Day celebrations on June 19, Prime Minister Kamla Persad-Bissessar announced the formation of a committee to explore options for reopening the refinery. The OWTU’s Patriotic Energies and Technologies Company Ltd—wholly owned by the union—was previously considered the preferred bidder for the refinery but saw its proposals ultimately rejected by the then-government. In February, then-acting Prime Minister Stuart Young announced that the government had accepted a bid from Nigerian company Oando Trading DMCC to lease and potentially restart the refinery. Friday's hearing was Justice Holdip's last as he enters retirement. The post 2018 Industrial Court ruling on Petrotrin shutdown overturned appeared first on Trinidad and Tobago Newsday.